INVENTORY OF USEPA/STATE PERMIT IMPROVEMENT INITIATIVES
August 1995
USEPA Permits Improvement Team
Lance Miller, Executive Director
INVENTORY OF USEPA/STATE PERMIT IMPROVEMENT INITIATIVES
TABLE OF CONTENTS
Introduction
I. Multimedia
A. EPA HQ
B. Region 1
C. Region 2
D. Region 3
E. Region 5
F. Region 6
G. Region 9
H. Region 10
II. Pollution Prevention (P2)
A. EPA HQ
B. Region 1
C. Region 2
D. Region 3
E. Region 5
F. Region 9
G. Region 10
III. Air
A. EPA HQ
B. Region 1
C. Region 2
D. Region 3
E. Region 5
F. Region 6
G. Region 10
IV. Hazardous Waste
A. EPA HQ
B. Region 1
C. Region 2
D. Region 5
E. Region 6
F. Region 9
G. Region 10
V. Water
A. EPA HQ
B. Region 1
C. Region 2
D. Region 3
E. Region 5
F. Region 6
G. Region 9
VI. PCBs
A. EPA HQ
B. Region 5
C. Region 9 INVENTORY OF USEPA/STATE PERMIT IMPROVEMENT INITIATIVES
Introduction
The Permits Improvement Team (PIT) was created in July 1994
to examine all of EPA's permitting programs (air, water, and
hazardous waste) and identify how they can be improved. The
Team consists of EPA, state, tribal and local government
officials.
It was recognized early on that a number of permit
improvement initiatives were already completed or underway
at EPA headquarters, the EPA regional offices and state,
tribal and local governments. Rather than "reinvent the
wheel", the PIT began to inventory these initiatives. This
inventory was used to help the PIT identify specific
recommendations on how to improve EPA's permitting programs.
As the PIT's efforts proceeded, it also became evident that
the inventory could serve another purpose. That being, to
provide a source of information on what was already underway
across the country to those involved in permitting at the
federal, state, tribal and local level.
This inventory was assembled by the PIT from information
provided by EPA and other governmental officials. The
process began by having each team member identify ongoing
efforts in their jurisdiction. In addition, a general
request for permit improvement initiatives was made of each
EPA headquarters permitting and regional office. The same
request was also made of the state associations for air,
water and waste officials. The inventory was assembled and
additions continued to be added as the PIT became aware of
them.
The inventory is organized first by category of permit
improvement initiative (multi-media, pollution prevention,
air, water, hazardous waste, PCB's) and then by government
agency conducting the initiative (EPA headquarters, EPA
region, state, tribal or local government). State, tribal
and local government initiatives are presented by EPA
region. Table 1 provides a listing of states and their
associated region. The inventory is arranged by title of
each initiative included. State, tribal and local
government initiatives begin with the governmental
organization for ease of reference.
This document is envisioned to be continuously updated as
new information becomes available to the PIT. The inventory
is being placed on the Internet so that it can be accessible
to all interested parties. In addition, it has been
provided to the state associations electronically, so they
can place it on any of their bulletin boards.
If an EPA, state, tribal or local governmental official
wants to update and existing entry or provide a new item
they should send that information to Lance Miller, Executive
Director PIT, USEPA, 2890 Woodbridge Ave., Mail Stop 100,
Edison, NJ 08837.
TABLE 1
STATES AND ASSOCIATED REGION
STATE REGION STATE
REGION
Alabama 4 Nevada 9
Alaska 10 New Hampshire 1
Arizona 9 New Jersey 2
Arkansas 6 New Mexico 6
California 9 New York 2
Colorado 8 North Carolina 4
Connecticut 1 North Dakota 8
Delaware 3 Ohio 5
District of Columbia 3 Oklahoma 6
Florida 4 Oregon 10
Georgia 4 Pennsylvania 3
Hawaii 9 Rhode Island 1
Idaho 10 South Carolina 4
Illinois 5 South Dakota 8
Indiana 5 Tennessee 4
Iowa 7 Texas 6
Kansas 7 Utah 8
Kentucky 4 Vermont 1
Louisiana 6 Virginia 3
Maine 1 Washington 10
Maryland 3 West Virginia 3
Massachusetts 1 Wisconsin 5
Michigan 5 Wyoming 8
Minnesota 5 American Samoa 9
Mississippi 4 Guam 9
Missouri 7 Puerto Rico 2
Montana 8 Virgin Islands 2
Nebraska 7
INVENTORY OF USEPA/STATE PERMIT IMPROVEMENT INITIATIVES
I. Multimedia
A. EPA HQ
Common Sense Initiative (CSI):
Work group of industry executives, environmental leaders,
government officials and labor and environmental justice
representatives to focus on 6 pilot industries to find ways
that tougher goals and greater flexibility can result in
"cleaner, cheaper, smarter" performance in 6 areas:
regulation, pollution prevention, reporting, compliance,
permitting, and environmental technology.
Status: Ongoing
Contact: Vivian Daub, 202-260-6790
Customer Service Plans:
Pursuant to Executive Order 12862, "Setting Customer Service
Standards", EPA must establish and implement customer
service standards to carry out the principles of the
National Performance Review. The customer service plan
describes customer service standards, future plans for
customer surveys, and the agency's benchmark for customer
services. Identification of training for managers and
employees to carry out the customer service plans should
also be included. Agency plan and 5 individual pilot plans
for handling inquires, water grants management, conducting
inspections, increasing public access to community right-to-
know information and environmental permitting will be
prepared.
Status: Draft plans due to White House 8/25/95, final
plans to be published 9/8/95.
Contacts: Shelley Metzenbaum, 202-260-4719, Karl Hausker,
202-260-4335
Community Environmental Protection Approach:
EPA initiated the Community Environmental Protection
Approach to comprehensively protect entire ecosystems, an
effort which is being led jointly by the Office of Water
(OW), Office of Policy, Planning, and Evaluation (OPPE), and
Office of Administration and Resource Management (OARM). In
simplest terms, community environmental protection is place-
based environmental management driven by the local needs of
communities and ecosystems to achieve our national
environmental protection and human health goals. EPA's
experience with the Great Lakes, Chesapeake Bay, and
National Estuary programs have proven the merits of a place-
based approach. Several elements are necessary to achieve
the community-based approach to environmental problem-
solving that lies at the heart of ecosystem management:
development of a framework for setting priorities and
environmental objectives and for implementing actions with
the stakeholders: development of national tools that can be
used in place-based environmental management; and
collaboration with a range of partners, both public and
private. EPA's role will vary from one ecosystem to another
-- EPA may work as a convener, facilitator or provider of
tools, depending on ecosystem needs.
Status: Ongoing
Contacts: Maurice LeFranc, OPPE 202-260-4908, Ed Hanley,
OARM 202-260-6980, Menchu Martinez, OW 202-260-
9818
Environmental Appeals Board Practice Manual:
The Agency's Environmental Appeals Board is currently
completing a manual explaining its operations. The Manual
discusses rules applicable to appeals from Resource
Conservation and Recovery Act (RCRA), Underground Injection
Control (UIC), Prevention of Significant Deterioration (PSD)
and National Pollutant Discharge Elimination System (NPDES)
permits, and gives the reader practical information on how
the appellate process works. It includes sample forms and
pleadings.
Status: Completed, 11/94
Contact: David Heckler, 202-501-7060
Environmental Justice:
Environmental Justice Steering Committee established to
provide Agency vision and overall program direction.
Environmental Justice Policy Working Group formed to develop
policy and coordinate multi-media issues. Each program and
region has developed Environmental Justice Implementation
Plans. National Environmental Justice Advisory Group formed
with representatives of interested parties to provide advice
to the Agency.
Status: Ongoing
Contact: Clarice Gaylord, Office of Environmental Justice,
202-260-0850
Environmental Leadership Program (ELP):
In the June 21, 1994 Federal Register, EPA published a
notice soliciting proposals for ELP pilot projects and
outlining the eligibility criteria for facilities to
participate. These pilot projects will explore ways that
EPA and states might encourage facilities to develop
innovative auditing and compliance programs and reduce the
risk of non-compliance through pollution prevention
practices. These voluntary pilot projects will encourage
industry to take greater responsibility for self-monitoring,
which can lead to improved compliance, pollution prevention,
and environmental protection. EPA will recognize facilities
for outstanding environmental management practices, and give
them an opportunity to examine and address barriers to self-
monitoring and compliance efforts. In addition, the
projects will help EPA design a full-scale leadership
program, and determine if implementing such a program can
help improve environmental compliance.
Status: Ongoing
Contact: Tai-ming Chang, OECA, 202-564-5081
Environmental Management System (EMS) Standards:
EMS provide structured ways to incorporate environmental
principles and goals into a management decision framework.
They can be applied by any organization interested in
improving its overall environmental performance, both in
terms of improved compliance and in moving beyond compliance
in areas such as pollution prevention, life cycle
assessment, and sustainable development. The International
Standards Organization (ISO) is working to develop
international EMS standards, while the National Sanitation
Foundation (NSF) is developing a national EMS standard
primarily for use by firms doing business in the US.
Status: ISO standards to be completed in early 1996. NSF
standards to be completed in early 1995
Contact: Jim Horne, OW, 202-260-5802
Environmental Technology Initiative (ETI):
ETI, which was created by President Clinton in his 1993
State of the Union address, is coordinated by EPA's
Innovative Technology Council. ETI is designed to
accelerate environmental protection, strengthen America's
industrial base and increase exports of U.S. technologies
and expertise. ETI awards grants to states, tribes and
federal agencies to: adapt EPA's policy, regulatory and
compliance framework to promote innovation; strengthen the
capacity of technology developers and users to succeed in
environmental innovation; strategically invest EPA funds in
the development and commercialization of promising new
environmental monitoring control, remediation and pollution
prevention technologies; and accelerate the diffusion of
innovative technologies at home and abroad. Grants are also
awarded to assist in private sector commercialization of
successful technology projects and to the non-profit sector
for innovative technology projects. ETI funding was set at
$36 million for FY1994 and $80 million for FY 1995, with
increases projected for future years.
Status: Ongoing
Contact: David Berg, OPPE, 202-260-2182 or Connie Sasala,
OPPE, 202-260-9514
Office of Enforcement and Compliance Assurance (OECA):
OECA is developing guidance in several areas that are
relative to permitting: multi-media plain English guidance
to regulations for the dry cleaning industry; Resource
Conservation and Recovery Act (RCRA) Waste Analysis Plan
guidance for boiler and incinerator furnaces; applicability
and compliance guidance under the New Source Review
provisions; and multi-media inspection enforcement program
guidance and interim final status report.
Other OECA activities include: completing work with Dun
& Bradstreet to establish reliable corporate data linkages
through Integrated Data for Enforcement Analysis (IDEA)
System; developing demographic and ecosystem targeting
methods to support Environmental Justice activities and
ecosystem-based efforts such as addressing posted stream
segments/contaminated sediments; developing and implementing
a formal system for strengthening the participation of
state, local, and tribal authorities in the development of
OECA planning, priority setting, and policy development;
pilot training in environmental justice communities
designated to provide information on the basic statutory
requirements; developing an ecosystem workplan; and re-
engineering reporting using existing data and measures of
significant noncompliance and compliance status/rates to
incorporate multi-media, sector and environmental justice
perspectives.
Status: To be completed in FY 1995
Contact: Refer to September 20, 1994 memorandum from Steven
Herman for specific office assignments. Call 202-
260-4134
Pesticide Regulation Integration:
The Office of Water (OW) and Office of Pollution Prevention
and Toxic Substances (OPPTS) working on a Memorandum of
Agreement integrating NPDES and pesticide guidelines to
provide permit writers and industry with information on how
to incorporate pollution prevention into permits.
Status: Ongoing
Contacts: Donna Reed, OW, 202-260-9532; Karen Angulo, OPPTS,
703-305-5011
Sector Notebook Project:
The Office of Compliance is developing information on 20
industry categories that will facilitate the transition from
a single-media approach to a sector orientation and develop
comparisons between industries for targeting purposes.
Information to be compiled in each Notebook will include:
general industry profile and regulatory requirements;
environmental compliance profile; existing government/sector
interaction; and pollution prevention activities being
implemented by each sector.
Status: Final Notebooks to be completed by 9/30/94.
Contacts: Mike Barrette, 703-308-8676 or Greg Waldrip, 703-
308-8694
Senior Environmental Enforcement & Compliance Forum (SEECF):
EPA and the Department of Justice created SEECF to work with
states and tribes to coordinate environmental enforcement
policy between the branches of government.
Status: Ongoing
Contact: Susan Susanke, OECA, 202-260-1008
Small Business Regulatory Reform:
The EPA Small Business Ombudsman, in cooperation with other
key EPA offices, the Small Business Administration, Office
of Management and Budget's Office of Information and
Regulatory Affairs, and five other federal agencies, have
concluded a series of working group meetings. Participation
in the project also included five small business sectors.
As a result of these meetings, these agencies have jointly
issued a Findings and Recommendations Report covering a
number of environmental regulatory issues that significantly
affect the small business community. Subjects covered in
this project included recycling and waste disposal,
chemicals and metals, trucking and transportation,
restaurants, and food processing. The report has received
widespread distribution throughout government and EPA.
Follow-up activities for EPA implementation of the report's
findings and recommendations, as well as implementation
actions by other federal agencies that participated, are
underway.
Status: Report complete, implementation ongoing
Contact: Karen Brown, OASBO/OSDBU, 703-305-5938
State/EPA Capacity Steering Committee:
Joint policy statement on state/EPA relations developed that
specifies the underlying basis for the relationship. This
relationship is based on states being the primary
environmental managers and EPA's primary roles being
standard-setting, program review, research,
collection/analysis/ sharing information, and technical
assistance. Governing principles are: clear goals and
expectations; clear roles and responsibilities; open and
honest communication; shared responsibility and
accountability for success; mutual respect, trust, and
continuous improvement; and mutual commitment to pollution
prevention.
Status: Report of the Task Force to Enhance State Capacity
issued July 1993; Draft State Capacity
Implementation Plan issued 4/21/93; Joint Policy
Statement on State/EPA Relations issued 7/14/94,
National Environmental Performance Partnership
System signed 5/17/95
Contact: Chuck Kent, State/EPA Capacity Implementation
Team, OROSLR, 202-260-2462
Sustainable Industries:
Initiated in 1991 by OPPE, the fundamental goal of the
Sustainable Industries program is an industry-specific
approach to policymaking that focuses on promoting "cleaner,
cheaper, smarter" solutions to environmental problems. The
Sustainable Industries projects use the "backward mapping"
approach, evaluating corporate decision-making factors (both
"drivers" and barriers) that affect the environmental and
economic performance of firms in the industries studied.
Knowledge of these factors was then used to develop policy
recommendations that seem most likely to achieve long-term
eco-efficiency in the industries studied. Information was
drawn from multi-stakeholder groups that included
representatives from the industries, EPA, environmental
organizations, and other key constituencies.
Status: First phase completed in July 1994, working with
the metal finishing, photoimaging, and thermoset
plastics industries. Phase 2 of the metal
finishing project is being pursued within the CSI;
the thermoset and photoimaging projects are
continuing within the Sustainable Industries
program.
Contact: Bob Benson, OPPE, 202-260-8668
B. Region 1
Region 1 - Environmental Justice:
1) Developing a matrix to better target inspections. The
matrix uses criteria that combine regional and national
initiatives and geographic targeting. 2) Developing a
composite drawing on GIS of storage installations that will
display the relative vulnerability of principal water sheds,
feeder tributaries, recreational shorelines and natural
habitats to potential pollution. Using EPA Region 1 EJ data
project classifications will allow for additional analysis
to obtain information on the total number of facilities
falling into each of the EJ classifications.
Status: 1) Complete; 2) Scheduled for completion 6/94
Contact: Environmental Services Division; 617-860-4316
Connecticut - Environmental Permitting Re-engineering and
Restructuring Plan:
CT DEP in consultation with the Environmental Permitting
Task Force and their consultant prepared a plan to
streamline their permitting processes. The plan includes
the DEP's permitting mission and provides specific
recommendations to: simplify and standardize workflows;
eliminate redundant and nonsubstantive activities; eliminate
processing bottlenecks; prioritize applications in a
consistent manner; simplify application forms and provide
applicants with checklists for completing applications;
revise current fee structures, including reviewing fee
amounts, fee collection, and other potential revenue sources
for the department; streamline and eliminate unnecessary
hearings; streamline the ways businesses report spills;
share routine inspection reports with subject companies; use
private contract services in the review process, and allow
for the use of private consultants to certify whether permit
applications are complete. Other recommendations focus on
communication and outreach; coordination and management;
information technology; and human resources and training.
Report includes survey of 43 other state permit streamlining
efforts.
Status: Final Report issued 3/1/93
Contact: Robert Kaliszewski, Permit Ombudsman CT DEP, 203-
424-3003
Massachusetts - Environmental Protection Integrated Computer
System:
EPICS takes information supplied by 12 separate MA
Department of Environmental Protection (DEP) divisions,
including air emissions, hazardous waste and water supply,
and combines it into a single database. This gives DEP
employees instant access to all of the agency's information
and allows them to search for data on a facility by entering
its name and location. This and a two year cross-training
program have allowed for inspectors to do multi-media
inspections.
Status: Online
Contact: Patricia Deese-Stanton, Assistant Commissioner, MA
DEP 617-292-5853.
Massachusetts Permit Streamlining Legal Advisory Committee:
The Legal Advisory Committee was established by the
Secretaries of Environmental Affairs and Economic Affairs
and included representatives from business and environmental
constituencies. The Committee prepared a report, highlights
of which are:
* recommendations for outreach (permitting manuals,
preapplication conferences, permitting assistance office,
with regional presence, easy access to agency policies)
* recommendations for coordination of permitting
(single point of contact, coordination among different
agencies issuing media- specific permits for single project,
permit ombudsmen for projects)
* recommendations for increased use of general permit
mechanism in appropriate situations with emphasis on
enforcement of permit conditions
* recommendations for uniform timeframes for steps in
permit process and decisions
* recommendations for master uniform reporting form to
be submitted on single annual date for all permits with
annual reporting requirement
* recommendation for additional study of issues
involved in consolidated or integrated permit approach.
Status: Final Report April 1995
Contact: Marilyn L. Sticklor, Co-Chair, Goulston & Storrs,
617-482-1776
C. Region 2
New York - Regulatory Reform:
The NY Department of Environmental Conservation (DEC)
established an internal regulatory review group to identify
regulatory reforms for the agency. The first report
includes regulatory reforms in nine areas: eliminating
unnecessary reviews/accelerating the permit process;
encouraging voluntary site cleanups; expanding programs to
help business comply with regulatory requirements;
accelerating the permit hearing process; reducing DEC staff
review of certain projects by increasing reliance on
Professional Engineer certifications provided by applicants;
reducing duplicative regulation among federal, state and
local governments; improving information systems to reduce
workloads on both department staff and the regulated
community; eliminating unnecessary reporting requirements;
developing resource management plans as a way to establish
environmental goals within whole natural systems, ecosystems
or areas; and creating a framework for expedited permitting.
Status: Report issued July 1994; second progress report
due spring of 1995.
Contact: Lou Concra, NY DEC, 518-457-7424
D. Region 3
Delaware - Natural Resources and Environmental Control
Permitting Reform Project:
Permitting reform initiated in January 1994 to; maintain or
improve environmental protection, achieve clarity in the
permitting process, simplify permitting processes, promote
efficiency in permitting, and achieve consistency. Flow
charts prepared for each permitting process. 135
recommendations developed for specific permits and general
action.
Status: Final Report dated August 12, 1994
Contact: Phillip Cherry, 302-739-6400
Maryland - Multi-media Permits:
As an added service to business and industry, the MD
Department of the Environment (MDE) offers the opportunity
to acquire multi-media permit coverage. This service is not
only extended to new business and industry locating in
Maryland, but to existing industry where multiple permits
are required.
Status: Ongoing
Contact: Dana Bauer, MDE Water Management Division, 410-
631-3512
Maryland - Environmental Permits Service Center: The Center
is designed to provide the public and regulated community
with a consolidated environmental permits process that is
more efficient, comprehensive, and proactive in meeting
their management objectives. The Center will improve
services to businesses, local governments, community
organizations and interested citizens by: providing timely
permit information and reliable permit guidance; enhancing
staff skills through cross-training; improving coordination
on air, water, and waste regulatory issues; incorporating
pollution prevention into everyday regulatory requirements;
including community involvement up front in the regulatory
process; and instilling timeliness and accountability for
meeting permit milestones.
Status: Center opened 12/1/94
Contact: Mitch McCalmon, MDE, 410-631-3772
Pennsylvania - Process Improvement Team (PIT):
The PIT was formed to study permitting and compliance
processes of PA's Department of Natural Resources (DNR) and
make recommendations on ways to increase environmental
protection while improving the efficiency of our processes,
reducing the current backlog of permits, and seeking more
effective ways of achieving compliance. The PIT focused on
four main program areas: residual waste, National Pollutant
Discharge Elimination System (NPDES), sewage sludge and
wetlands. The PIT identified ten major issues:
administrative changes; automated production and electronic
storage for permit documents; data management; public
notification and comment; standardizing/streamlining minor
sewage permits; watershed toxics analysis and its
relationship to the permitting process; increased pollution
prevention focus; fee structure; training and
communications; and watershed teams. Recommendations were
developed for each area.
Status: Final report released 2/24/94. Implementation
ongoing.
Contact: Stuart Gansell, DNR, 717-787-8184
E. Region 5
Michigan - Auto Project:
Target certain chemicals and develop voluntary effort to
review controls.
Status: Ongoing
Contact: Marcia Horan, 517-373-9122
F. Region 6
Region 6 - Multimedia Permits Team:
Interdivisional permits quality action team formed to
develop a permit process to ensure high-quality EPA/state
coordination in all permit programs. The Team interviewed
internal and external customers of the permitting process
and developed recommendations in a number of areas. The
Team also developed a permit access system, which provides
integrated access to EPA's data systems which contain
information on permit status.
Status: Recommendations made to Region 6 management;
Permit Access System has been piloted on a small
scale
Contact: Gus Chavarria, 214-665-7165
Oklahoma - Uniform Permit Process:
Tiered system developed for four categories: new sources;
existing sources (facility in operation - new permits);
existing sources (facility in operation -permit renewals and
modifications); and plans and certifications. The tiers
have different levels of public notice, public input and
decision-makers.
Status: Online
Contact: Steve Thompson, OKDEQ, 405-271-7339
Texas - Permit Processing Review Initiative:
The TX Natural Resource Conservation Commission (TNRCC)
identified and evaluated issues and/or concerns of agency
stakeholders relating to the fundamental permitting
processes across the agency. Report summarizes 77
recommendations to be implemented and 41 that have been
implemented.
Status: Report dated 8/1/94
Contact: Chris Macomb, Director Watershed Management Div.,
TNRCC
G. Region 9
California - Office of Environmental Technology:
California's Environmental Protection Agency (Cal/EPA) is
proposing the formation of an Office of Environmental
Technology which will manage a process for the evaluation
and certification of environmental technology. The concept
has been piloted in the Department of Toxic Substances
Control for several hazardous waste technologies.
Status: Authorizing legislation will be sought.
Contact: Michael Kahoe, Deputy Secretary, Cal/EPA, 916-322-
5844
California - Permit and Regulatory Reform:
Efforts began in 1992 to reform permitting processes by
examining the requirements for a permit, how permits are
processed, recordkeeping and paperwork requirements and
interaction among permitting, data reporting, enforcement
and planning functions. Recommendations developed in 1992
and implemented in 1993-1994 cover: regulatory assistance;
one-stop permit centers; establishment of permit teams to
coordinate permitting on major projects; regulatory reform
task forces for specific industries; programmatic reviews;
reducing the number of activities needing individual
permits; consolidating monitoring data report requirements;
developing a uniform permit tracking system; and legislative
reform. A February 1995 report summarizes the status of
these reforms.
Status: Varies
Contact: Patrick Dorais, Cal/EPA, 916-322-2858
California - Permit Relief Communities:
Environmental regulation in California is complicated by the
array of implementing agencies at the state and local
levels. California is proposing the formation of "Permit
Relief Communities," each of which would develop a single
compliance assurance plan representing all state and local
environmental requirements for its community. Companies
would be required to comply with the community compliance
assurance plan. The initial stage will be development of
pilot "Permit Relief Communities" to test the concept.
Authorizing legislation is required.
Status: Cal/EPA is working with its regulatory agencies to
organize a work plan; consultation with interest
groups will also be initiated soon.
Contact: Michael Kahoe, Deputy Secretary, Cal/EPA, 916-322-
5844
California - Reduce Individual Permits Through More
Registration Processes:
Promote the use of general permits in each of the media
programs; in addition, share with EPA toxicology information
that California develops as part of its pesticide
registration process, so that EPA's registration of
pesticides is also accelerated.
Status: General permitting has been implemented in the
hazardous waste and solid waste programs and will
be more fully expanded within the water program in
FY95. Legislation is needed to authorize the
State Board to issue general permits for land
application of treated effluents.
Contact: Paul Blais, Special Assistant to the Secretary,
Cal/EPA, 916-324-7584
California - Unified Environmental Statute:
A comprehensive organic environmental statute that would
address air and water quality, solid and hazardous wastes,
pesticides and scientific risk assessment will be proposed
by Cal/EPA.
Status: A commission has been formed that will put forth a
proposal early in 1995.
Contact: Micheal Kahoe, Deputy Secretary, Cal/EPA, 916-322-
5844
H. Region 10
Alaska - Assistance Project:
Alaska has established an assistance project to consolidate
services to the business community in permits, compliance
and pollution prevention. This project will serve as an
initial "one-stop shopping" opportunity for the regulated
community, and includes providing information on pollution
prevention as a cost-effective way to achieve compliance and
reduce the need for permits. This project will also
encourage inclusion of P2 in permits and examine multi-media
coordination.
Status: Ongoing
Contact: David Wigglesworth, 907-563-6529
Oregon - Cross-Media Risk Assessment Model:
OR's Department of Environmental Quality (DEQ) has
developed, with assistance from EPA, a cross-media risk
assessment model to be used during permit application review
and development. The model evaluates the long-term fate and
transport of toxic chemicals discharged to the environment
and evaluates alternative approaches during permit review.
Status: Implementation has been initiated.
Contact: Marianne Fitzgerald, DEQ, 503-229-5946
Oregon - Permits Handbook:
DEQ has issued a new permits handbook which provides
guidance on obtaining environmental permits and includes a
policy statement on pollution prevention. Readers are
encouraged to contact regional offices for assistance.
Status: Handbook is available at all DEQ offices.
Contact: Carolyn Young, DEQ, 503-229-6271
Washington - Governor's Task Force on Regulatory Reform:
External task force preparing reports on various activities
across state government. Draft reports prepared on
alternative approaches, with a focus on voluntary
compliance, and on rules review, focusing on a procedure for
reviewing priority rules and establishing a streamlined
rules repeal procedure.
Status: Final report issued 1/95
Contact: Phil Miller, 360-407-6985
Washington - Joint Aquatic Resources Permit Application:
Piloting use of a new single application form for six
different types of federal state and local permits related
to projects in shoreline areas.
Status: Ongoing
Contact: Bonnie Shorin, 360-407-7297
Washington - Land use Planning and Permitting Reform:
Integrate and Streamline state land use planning and
permitting by: integrating the procedures for comprehensive
land use planning and development regulations with
procedures for environmental impact review and the
procedures for shoreline planning under three different
statutes; "front-load" the analysis and mitigation of
environmental impacts of land use development during
preparation and adoption of comprehensive plans and
development regulations by local government; streamline
project permit review procedures and create more certainty
at the permitting stage by relying on those "front-end" plan
and regulatory decisions and eliminating duplicative
reconsideration of decisions.
Status: Recommendation developed as part of Task Force on
Regulatory Reform
Contact: Phil Miller, 360-407-6985
Washington State - Single Permit Feasibility Study:
Determining the feasibility of combining air, water quality,
and hazardous waste permits for a single facility into one
permit. Piloting with one or more volunteer facilities.
Status: Ongoing
Contact: Hugh O'Neill, 360-407-6118
Washington - State and Local Permit Coordination:
Proposed legislation to create a procedure for coordinating
all required state and local permits through designation of
a lead permit manger and active management of an agreed-upon
permit processing timeline. Coordination procedure would be
made available at an applicant's option.
Status: Recommendation developed as part of Task Force on
Regulatory Reform
Contact: Keith Phillips, 360-407-6907
II. Pollution Prevention (P2)
See also;
Section III.A; Air Permitting Improvements, and
Flexible Permitting
Section IV. A; Permitting Subcommittee
Section IV. G; Alaska Permitting
A. EPA HQ
Pollution Prevention Information Clearinghouse (PPIC):
The PPIC is dedicated to reducing or eliminating pollutants
through technology transfer, education, and public
awareness. It is operated by EPA's OPPTS. The
Clearinghouse is a free, non-regulatory service that
consists of a telephone reference and referral service, a
distribution center for selected EPA documents, and a
special collection available for interlibrary loan.
Status: On-Line
Contact: Labat-Anderson, Incorporated, under contract for
EPA, 202-260-1023
Pollution Prevention Integration Initiative (P2IN):
The Office of Prevention, Pesticides and Toxic Substances
(OPPTS) has organized and is expanding its electronic,
Agency-wide network of pollution prevention contacts. The
goal of this network is to: (1) exchange information that
can serve as a "road map" in identifying what prevention
activities are occurring and where and who the experts or
points of contact are; (2) identify how prevention is being
institutionalized into EPA's mainstream activities; (3) put
the Agency in a position to facilitate proactive inter-
office and cross-program communication and information
sharing so as to further pollution prevention opportunities
and integration; (4) generate projects and initiatives --
e.g., the Common Sense Initiative and Environmental
Technology Initiative.
Status: Ongoing
Contacts: John Shoaff, OPPTS 202-260-1831, or Julie Lynch,
OPPTS, 202-260-4000
Pollution Prevention (P2): State Efforts to Integrate P2
into Their Activities:
USEPA report summarizes efforts of 41 states concerning P2.
One of the program elements discussed is permitting, both
multimedia permitting and the integration of P2 into
individual media permits. Twenty-five states have a section
describing their permitting efforts. Other topics covered
are legislation, inspections, enforcement, data integration
and organization.
Status: Report dated 9/93, EPA/742/B-93-002 - "Ongoing
Efforts by State Regulatory Agencies to Integrate
Pollution Prevention into Their Activities"
Contact: Lena Ferris-Hann, Pollution Prevention Div.,
OPPTs, 202-260-2237
Source Reduction Review Project (SRRP):
In the SRRP, the Office of Pollution Prevention and Toxics
(OPPT) has taken the lead in working with other program
offices to incorporate pollution prevention into regulations
the Agency is developing, specifically Clean Water Act
effluent guidelines, Resource Conservation and Recovery Act
(RCRA) hazardous waste listings, and Clean Air Act Maximum
Achievable Control Technology (MACT) standards. During the
three years of this project, changes have occurred in the
way information is collected for rulemaking, analysis is
done and standards are set.
Status: Ongoing for individual rulemakings. A white paper
on SRRP opportunities, barriers and options for
overcoming these barriers is being prepared.
Contact: Kathy Davey, Pollution Prevention Div., OPPT, 202-
260-4164
B. Region 1.
Connecticut - Publishing & Printing Pollution Prevention
Process:
Develop outreach material to promote pollution prevention in
the Publishing and Printing Industry.
Status: Ongoing
Contact: Mary Sherwin, 203-566-5217
C. Region 2.
New Jersey - Solvents Emissions at Automobile Plants:
Incorporating pollution prevention planning requirements
targeted at solvent emissions into permits for automobile
manufacturing plants. The permits require the facility to
conduct a waste minimization assessment for solvents, and
contain specific suggestions for actions that should be
taken in the waste minimization assessment. As a condition
of the permit, the facility must also document annual
emissions of solvents and show trends in solvent use per
unit product.
Status: Ongoing
Contact: Louis Mikolajczyk, Chief Bureau of NSR, 609-292-
9258
New York - Waste Reduction for Electronics Industry:
Waste reduction guidance, re: opportunities, assessments,
methods included, four workshops for technical assistance
and outreach.
Status: Completed
Contact: John Iannotti, 518-457-7267
D. Region 3.
Maryland - Pollution Prevention:
With support from EPA's Office of Pollution Prevention,
Maryland has undertaken several projects aimed at
integrating pollution prevention with the regulatory
programs. Included are such things as training for
Departmental staff, exploring opportunities with banking
institutions for financial incentives through loan programs
with industry, and expanding on existing efforts to employ
pollution prevention credits during negotiated settlement
processes.
Status: Ongoing
Contact: Dana Bauer, MDE Water Management Division, 410-
631-3512
E. Region 5
Illinois - "Top of the Pile" Review for Voluntary Pollution
Prevention Proposals:
Illinois EPA conducts expedited or "top of the pile" review
for permit applications, variance petitions, site specific
standard or rule petitions that address voluntary pollution
or recycling proposals. The proposal can be a new process
employing pollution prevention/recycling technology or can
be a modification to an existing process. The environmental
benefits of the proposal must be quantified relative to the
status quo; the proposal must be a "significant departure
from previous practice at he facility" and the facility
must justify why it needs special processing by Illinois
EPA. A statutory modification was passed to enable the
agency to conduct these expedited reviews.
Status: Ongoing
Contact: Tom Wallin, Office of Pollution Prevention, 217-
782-8700
Ohio - Automotive Pollution Prevention Project:
Reduce the generation and release of persistent toxic
chemicals by the automotive industry in the Great Lakes
Basin.
Status: Ongoing
Contact: Michael Kelly, 614-644-2980
F. Region 9
Arizona - Environmental Leadership Program:
Pollution prevention with emphasis on streamlining
permitting, inspections and self-audits.
Status: Formative
Contact: Beverly Westgard, 602-207-2203
G. Region 10
Alaska - Facility Planning:
Alaska has begun a process to determine the future of
pollution prevention facility planning. As a first step,
Alaska is reviewing P2 facility planning efforts in Alaska
and the nation. Upon completion of this review, Alaska will
convene a partnership of public and private entities to
determine what will work best for Alaska, and to make formal
recommendations to the Commissioner and the legislature.
Status: Ongoing
Contact: David Croxton, 907-563-6529
Alaska - Permit Fees:
Alaska is examining incentives to foster P2 through
reductions in permit fees for facilities that implement P2
planning.
Status: Ongoing
Contact: David Wigglesworth, 907-563-6529
Oregon - Regulatory Guidance:
The Handbook of Regulatory Guidance for Oregon Construction
Contractors was developed to compile the myriad of
environmental regulations the construction industry is
guided by. The document sets the stage for a companion
document entitled "Environmental Handbook for Oregon
Construction Contractors: Best Pollution Prevention
Practices", that highlights best pollution prevention
practices for the construction industry.
Status: Completed
Contact: Sandy Gerkowitz, 503-229-5918
Washington - "Snapshots" Program:
Modelled after "Shopsweeps" (see Section III.G. below) for
the printing industry, but multi-media (air, hazardous waste
and water) with a focus on pollution prevention.
Educational materials on compliance and P2 were developed in
conjunction with the industry and 1200 facilities are
currently being visited by state and local government
personnel.
Status: Ongoing
Contact: Darin Rice, 360-407-6743
III. Air
A. EPA HQ
Air Permitting Improvements:
The Office of Air Quality Planning and Standards (OAQPS) is
working with a contractor (RTI) to survey what pollution
prevention initiatives are being utilized in the states and
what next steps the Air program should focus on.
Status: Ongoing - draft report due to be completed 8/95,
final report by 9/95
Contacts: Leo Stander, OAQPS, 919-541-5589; Melissa Malkin,
RTI, 919-541-6154
Compliance Assurance Monitoring Rule:
Office of Air and Radiation will be proposing a flexible
approach to Clean Air Act monitoring requirements. Rules
would be written to address differences among regulated
facilities instead of a blanket rule for all permittees.
Sources would have to comply with the monitoring
requirements only after regulatory guidance is issued.
Status: Proposal due by 12/95, final rule due 6/96
Contact: Peter Westlin, OAR, 919-541-1058
Flexible Permitting:
Projects with Intel facility in Region 10 and Merck facility
with state of Virginia. Office of Air Quality Planning and
Standards (OAQPS) has work assignment with RTI to look at
examples of innovative air permits in the Regions/states,
with emphasis on pollution prevention. (See Section II.G.
below for more detail on Intel permit.)
Status: Intel permit complete; Merck permit ongoing
Contact: Intel permit: Dave Dellarco, Region 10, 206-553-
5973; Merck permit: Mike Trutna, OAQPS, 919-541-
5345 or Jesse Baskir, RTI, 919-541-5882
New Source Review (NSR) Reform:
Subcommittee of industry, environmental organizations, and
state and local agencies developed draft recommendations to
reduce the complexity and perceived impediments to speedy
review of the current systems, while maintaining the
environmental goals and benefits. Recommendations have been
drafted in the following areas: NSR permitting issues
associated with near Class 1 areas, procedures and
coordination, determination of adverse impacts, and
mitigation of source impacts; Best Available Control
Technology/Lowest Achievable Emission Rate (BACT/LAER),
BACT/LAER clearinghouse and presumptive BACT, BACT/LAER
criteria and innovative control technologies and pollution
prevention; impact of existing sources in Class 1 areas; and
NSR applicability. Regulations being proposed to
incorporate the recommendations.
Status: Recommendations from subgroup completed July 1994;
Regulatory proposal under development.
Contact: David Solomon, 919-541-5375
B. Region 1
Region 1 - Air Permitting Improvements:
Working on a number of state initiatives: With CT to develop
general permits establishing technical standards to "keep
small sources small"; with MA to put technical standards
into state Implementation Plans (SIPs) - so that as long as
a source fits within a category described, a small source
stays small; with MA on a rulemaking regarding operating
permits -- to issue small-scale operating permits with
restrictions to keep companies out of the full-blown
permitting process -- and considering the use of this
process for toxics as well as criteria pollutants; and with
MA on pollution prevention guidance, to implement the
concept of comparing actual to future predicted actual
emissions when evaluating pollution prevention changes (vs.
the traditional rule in the Prevention of Significant
Deterioration (PSD) and New Source Review (NSR) programs of
comparing actual to potential emissions, which may
discourage pollution prevention).
Status: Ongoing
Contact: Lynne Hamjian, 617-565-4181
C. Region 2
New Jersey - Air Permitting Program:
Seeking to use facility-wide pollution permit as the air
operating permit for the first 5-year term of the facility-
wide permit. Other initiatives include: technical manuals
that provide a comprehensive list of requirements that are
applicable to a specific type of equipment; permit
application checklists to provide a comprehensive list of
items that must be included in an application; holding
public hearings when an application is received;
categorizing permit applications into levels with different
procedures based on complexity; and permit workshops to
provide guidance, training and information to applicants.
Status: Complete
Contact: William O'Sullivan, NJ DEP, 609-984-1484
New Jersey - Asphalt Manufacturers Good Operating Practice
Requirements in Permits:
New Jersey has been incorporating good operating practice
requirements targeted at air pollution control into both New
Source Review and other New Jersey air permits for asphalt
manufacturers. The permittees must report to the state
quarterly on the good operating practices they have
undertaken. Examples of effective practices are listed in
the permit (e.g., adjusting burner systems to optimize fuel
atomization and fuel/air mixing). The facility is not
limited to these measures, but they must show that they have
taken some measures. The program was developed in
conjunction with the industry which helped identify the good
operating practices.
Status: Program has been successfully in place 5 years
Contact: Louis Mikolajczyk, Chief, Bureau of NSR, 609-292-
9258
New Jersey - Reasonable Available Control Technology (RACT)
for VOCs and NOx:
Two RACT rules in New Jersey contain pollution prevention
provisions:
a. Sources at major facilities that are required to show
compliance with the requirement to collect greater than
90% of VOC emissions are explicitly allowed to use
pollution prevention measures in their demonstrations
of compliance.
Use of compliant surface coatings with low VOC content
is considered to meet RACT and no control devices are
then required. Use of low VOC volume percentage
solutions meet RACT in graphic arts operations except
for screen printing operations, and no control devices
are required.
b. The NOx RACT standard for non-utility boilers with heat
input of between 20-50 million BTUs per hour requires
facilities to annually adjust the combustion process of
the boiler. This is a pollution prevention measure to
reduce emissions that also saves fuel.
Status: Ongoing
Contact: Louis Mikolajczyk, Chief, Bureau of NSR, 609-292-
9258
D. Region 3
See "Flexible Permitting" under Section II.A. above.
E. Region 5
Region 5 - Data Management:
The implementation of the Title V operating permits programs
will require the transfer of enormous amounts of information
between the states and Region, including draft, proposed and
final permits, applications, amendments and technical
support documents. The ability to effectively transfer and
manage this information in an electronic format is critical
to the success of the state programs and Federal oversight
(which must occur on strict timelines). Region 5's Air and
Radiation Division (ARD) has formed a data management
workgroup to concentrate on the issue of permit information
transfer and management. The workgroup is reviewing
software options for internal permit review and management
purposes and is also working with each state to develop
complimentary systems which will allow for electronic
transfer of information among offices. In addition, the
workgroup is developing an electronic database fact sheet to
be used as a cover sheet by the states which will highlight
various criteria and assist the Regional permit reviewer in
identifying permits of concern; this database could also be
used as a management tool for sorting and compiling
statistics. The workgroup is developing options for the
near term as some of our states are close to Title V
approval, and long term solutions which involve applying for
various resource assistance grants to fully computerize and
integrate the entire process.
Status: Ongoing
Contact: Genevieve Nearmyer, 312-353-4761
Region 5 - Differential Oversight:
Beyond trying to ensure individual permits meet all Clean
Air Act requirements, the goal of the Air and Radiation
Division (ARD) is to develop competent, self-sustaining
state permit programs. To further this goal, ARD developed
a system which utilizes the Section 105 grant process and
differential oversight to encourage states to improve and/or
maintain high quality permit programs. Specifically, a
portion of the ARD workload model which allocates Section
105 grant resources among the states is performance-based,
and one of the areas of review is NSR permitting. Criteria
were developed which evaluate the state permitting programs
in five categories, including notification, applicability,
permit drafting issue resolution and improvements. Each
year, states are evaluated and the portion of available NSR
grant monies awarded to each state is dependent on its
score. In addition to the resource benefit, states which
achieved excellent ratings in all categories receive less
real time individual permit review in the next year by the
ARD permit review staff.
For future years, since Title V permit fees will cover
the costs of state permitting, the resource portion of the
differential oversight incentive will no longer be
applicable. However, ARD will continue to evaluate state
permitting programs, including Title V, using this
performance-based approach. The reward for quality programs
will continue to be a reduction in real time Federal
oversight of individual draft permits.
Status: Ongoing
Contact: Cheryl Newton, 312-353-6730
Region 5 - Permit Review Priorities:
In recognition of the enormous numbers of draft permits
which are sent to the Region for review under the state New
Source Review construction permit programs, the Air and
Radiation Division (ARD) developed a priority scheme which
classifies permits into three categories. The categories
represent three levels of review priority and cover issues
such as geographic area (attainment versus nonattainment,
proximity to Class I areas or Native American lands, etc.),
synthetic minors, and industry type (e.g., power plants and
waste management facilities). This procedure helps
individual permit reviewers prioritize their workload to
concentrate on issues of concern and best assess overall
state permitting. Currently, the ARD is developing a
similar priority scheme to help evaluate and prioritize the
influx of state operating permit drafts expected in the near
future.
Status: Ongoing
Contact: Ronald Van Mersbergen, 312-886-6056
Minnesota - Improvements to Air Emission Permitting Process:
The following streamlining initiatives are being worked on
by the MN Pollution Control Agency (MPCA) and Office of the
Attorney General:
1) Registration permits/control equipment rule. New
rules effective on December 26, 1994 are designed to allow
small sources to obtain a very streamlined registration
permit instead of the more detailed and time-consuming
individual source permits. It is expected that this rule
will cover half of the sources that need air emission
permits; these sources account for less than ten percent of
Minnesota's emissions. The rule is designed to impose
needed emission requirements on these sources without
engaging in a long permit issuance process.
The new rule also imposes standards of performance for
use of control equipment that would allow sources to take
credit for emission reductions caused by control equipment
in determining what type of permit is required. These
enforceable emission reductions allow sources to obtain less
complicated permits by establishing limits on the source
through the control equipment rule.
2) Emphasis on general permits. Minnesota is
emphasizing general permits to handle most of the sources
not handled by the registration permit rule. For example,
general permits are being developed for asphalt plants and
sand and gravel facilities. These permits spell out the
typical requirements for sources in these categories.
Individual sources that need special conditions not present
in the general permit would need an individual permit, but
the general permit would cover almost all sources in a
particular category. Minnesota is increasing the usefulness
of the general permit by including typical alternative
operating scenarios that a source category might want to
use. That way, certain common changes at a source do not
require a new permit; the general permit includes the new
limitations that apply to the new activity as an alternative
scenario.
3) 3M flexible permit. For sources too complex or
large to include in the registration permit or general
permit categories, Minnesota is gaining experience at
permitting a source in a way that allows flexibility in
operations to be authorized in the permit rather than
through numerous amendments over time as the facility
changes. One permit of this type has been issued to 3M. In
exchange for voluntarily lowering its overall emission limit
for the facility, 3M received authorization for a great deal
of flexibility in changing its operations as long as it
remains below the lower emission limit. Once such
flexibility is allowed, the hardest issue is how the changes
and resulting emissions will be monitored and recorded. The
permit deals extensively with the monitoring and
recordkeeping required for the various changes 3M is
authorized to make.
4) Streamlining the permit template. Minnesota is
trying to reduce the size and complexity of its air emission
permits by creating a more streamlined permit template. The
intent is to present emission limits, reporting requirements
and compliance schedules in table format, and to reduce the
paraphrasing of rule text in the permit by simply referring
the permittee to the rule (i.e. the permit does not restate
the performance test procedures but refers the permittee to
the proper rule which sets out those procedures).
Status: Complete/Ongoing
Contact: Ann Seha, Assistant Attorney General, 612-297-8755
F. Region 6
Texas - Air Preconstruction Permit Process:
The TX Natural Resource Conservation Commission (TNRCC) has
adopted new rules that provide for a new, more flexible type
of permit for new facilities and modifications to comply
with air emission standards. Under these rules, the
applicant must submit information that demonstrates that the
following criteria are met: protection of public health and
welfare; measurements of emissions; Best Available Control
Technology (BACT); Federal New Source Performance Standards
(NSPS); National Emission Standards for Hazardous Air
Pollutants (NESHAPS) and Maximum Achievable Control
Technology (MACT); performance demonstration; air dispersion
modeling or ambient monitoring; and proposed control
technology and compliance demonstration.
Status: Rules adopted November 25, 1994
Contact: Mary Ruth Holder, TNRCC, 512-239-1966
Texas - Flexible Air Permit Based on Emissions Cap:
Flexible air permits based on emissions cap are used as an
alternative to current preconstruction requirements. One
permit is issued for a given plant or site, but it can
contain multiple emissions caps or multiple individual
emissions limits.
Status: Program began this year and at least one permit
has been written.
Contact: Victoria Shu, TNRCC, NSR, 512-239-1230
G. Region 10
Region 10 and Oregon - Air Permitting Improvements:
In 1993, Intel Corporation, EPA and the Oregon Department of
Environmental Quality (DEQ) joined in a partnership to
evaluate opportunities to incorporate flexibility and
pollution prevention into permits issued under Title V of
the Clean Air Act as amended in 1990. The project created a
Title V permit that will demonstrate the ability of P2 to
perform equally as well as traditional end-of-pipe controls.
The permit contains the following requirements:
* Emission limits and performance standards
* Plant Site Emission Limits
* Reasonably Achievable control Technology (RACT)
standards
* Aggregate Hazardous Air Pollutant emission limits
* Pollution Prevention condition
* Pre-approved changes
* Monitoring requirements
* Reporting requirements
* General conditions
Status: Final permit issued
Contact: David Dellarco, Region 10, 206-553-4978
Oregon - Title V Permits:
Oregon DEQ instituted a pilot program for a select group of
affected sources in an effort to detect and resolve problems
in the Title V application and permitting process.
Status: Ongoing
Contact: Shelly McIntyre, Oregon Department of Justice,
503-229-5725
IV. Hazardous Waste
A. EPA HQ
Innovative Approaches to Resource Conservation and Recovery
Act (RCRA) Permitting:
Evaluating past and present suggestions for innovative RCRA
permitting. Developing, in accordance with the RCRA
Implementation Study and National Performance Review,
recommendations for improving the RCRA permitting process.
Current initiatives include: updating and compiling permit
writer "part B" checklists; examining ways to simplify
modification and renewal processes; and submitting an
Environmental Technology Initiative proposal for the
development of permitting software and innovative inspector
tools.
Status: Options Paper 5/24/94, ETI proposal 9/22/94
Contact: Ken Amaditz, OSW, 703-308-7056
RCRA Expanded Public Participation Rule:
Proposed rule (June 94) to provide for earlier and more
meaningful public participation.
Status: Final Rule expected late summer 1995
Contact: Tricia Buzzell, OSW, 703-308-8632
RCRA Post Closure Rule:
Proposal to allow permitting agency to substitute
enforcement or other authority in lieu of a post-closure
permit.
Status: Anticipated final rule early 1996
Contact: Barbara Foster, OSW, 703-308-7057
RCRA Siting Workgroup:
Develop options and recommendations for RCRA policy on
facility siting issues, examining both technical and
environmental justice concerns.
Status: Ongoing - recommendations expected to be developed
for consideration by AA in Fall of 1995.
Contact: Vernon Myers, OSW, 703-308-8660
Authorization of Indian Tribes Hazardous Waste Programs
under RCRA Subtitle C:
Rule would give Tribes the authority to implement Subtitle C
in whole or in part. This is different than current
requirements for states, which must adopt the entire
program.
Status: To be proposed in early 1995.
Contact: Felicia Wright, OSW, 703-308-8634
RCRA Waste Minimization National Plan Steering Committee:
Four subcommittees have been established, one of which is
the permitting subcommittee as described below.
Status: Developing a broad strategy for minimizing all
hazardous waste.
Contact: Donna Perla, 703-308-8402
Permitting Subcommittee:
Examine approaches used to incorporate waste
minimization/pollution prevention into RCRA permits; develop
national guidance and training to promote waste minimization
in RCRA permits; identify and resolve crosscutting and
multi-media pollution prevention permit, inspection and
enforcement issues.
Status: Ongoing
Contact: Jim Lounsbury, 703-308-8463
B. Region 1
Region 1 - RCRA Permitting Improvements:
Working with CT on a permit streamlining project to develop
a guidance manual for implementing contingency plans for
treatment, storage and disposal facilities. The guidance
will try to differentiate between highly hazardous
substances vs. more "routine" hazardous wastes - then have
permit requirements to better reflect the real risks.
Status: Ongoing
Contact: John Podgurski, 617-573-9680
C. Region 2
Region 2 - RCRA Prioritization System - Inclusion of
Environmental Justice (EJ) Factors:
Incorporate EJ factors into environmental benefits ranking.
The inclusion of EJ factors will ensure that the Agency
properly evaluates human health and environmental issues for
minority and low-income populations in proximity to RCRA
regulated facilities. The environmental benefits ranking
along with the NCAPS ranking determines the overall facility
priority in RCRA permitting and corrective action program
activities.
Status: Ongoing
Contact: Andrew Bellina, EPA Region 2, 212-637-4110
Region 2 - RCRA Public Involvement:
Begin public involvement process at the planning stage
(e.g., at time of permit application) in order to give the
public enough time for comments. For Environmental Justice
facilities, submit a Citizen's Participation Plan in RCRA
permit applications and corrective action tasks. This plan
would include a list of organizations and concerned citizens
in the community and describe a proactive approach to be
taken by the facility to inform the community of the
proposed actions and how community members can voice their
opinions.
Status: Ongoing
Contact: Andrew Bellina, EPA Region 2, 212-637-4110
Region 2 - Training Waste Program Personnel in Environmental
Justice:
Environmental justice training plan developed for all waste
program staff and management. The training includes
Regional and state RCRA permitting and corrective action
personnel and covers revised public notification outreach
procedures which will incorporate environmental justice
concerns.
Status: Training began 12/94; continuing
Contact: Wilfredo Palomino, EPA Region 2, 212-637-4179
New York - Hazardous Waste Management for Printers:
Survey printing industry on product processes, waste
management methods, regulatory compliance, six workshops,
and technical assistance.
Status: Completed
Contact: John Iannotti, 518-457-7267
D. Region 5
Minnesota - Improvements to Hazardous Waste Permitting
Program:
The following permit improvement initiatives have been
implemented by the MN Pollution Control Agency (MPCA):
1. Conduct annual facility roundtable for all facility
owners and operators to discuss issues of importance to
hazardous waste facilities. Facility/state workgroups are
dealing with term of permits, incident reporting and
agency/county issues.
2. Publish a semiannual newsletter updating all
treatment, storage and disposal facilities (TSDFs) on new
informational items such as proposed new rules affecting
facilities, etc.
3. Use reminder letters sent out one year in advance
of the permit expiration date.
4. Revise the public notice to make it more user-
friendly by replacing legal jargon with more understandable
language.
5. Make permit conditions more facility-specific.
6. Include compliance schedules in permits to expedite
permit issuance.
7. Re-draft modified permits to include the modified
text with the most current revision date on each page. A
summary is also included at the beginning of the permit
listing each modification and the effective date. This
eliminates confusion regarding "current" permit.
8. Provide facilities with a "tip" sheet listing
useful information for preparing permit applications, and
meet with permittees prior to reissuance to review necessary
changes to the permit.
9. Update MPCA permit review checklists as needed.
10. Schedule and coordinate permit drafting and public
noticing to avoid a "crunch" with clerical staff tasks.
11. Use computer aided permit boilerplates and public
notice documents to save time in permit drafting.
12. Use combined completeness and technical review to
reduce the number of iterations required on permit
applications.
13. Provide permittees with a "pre-review" of current
permit application so as to improve the quality of permit
reissuance application submittals and expedite application
review.
14. Allow permittee to review draft permit prior to
placing public notice so as to resolve any issues they may
have well before the permit document is finalized.
Status: Complete/Ongoing
Contact: Bruce Brott, Hazardous Waste Division, 612-297-
8380
E. Region 6
Region 6 - Customer Service Questionnaire:
A questionnaire is being developed that will be sent to
citizens who have participated in the public
outreach/comment aspects of the RCRA permit process. The
questionnaire is being designed to provide customer feedback
on the public's involvement efforts over time.
Status: Piloted in early 1995, results under analysis
Contact: Arnold Ondarza, 214-665-6790
Region 6 - RCRA "Paperless Permit" Initiative:
A LAN-based computerized permit system developed to reduce
processing time. After implementation, the average time lag
between state signature and EPA signature of jointly-issued
permits dropped from 69 days to 8 days. The system also
improved the consistency of RCRA permits and has been
exported to states as they have become authorized to run the
program.
Status: Completed 1991
Contact: Arnold Ondarza, 214-665-6790
Texas - Hazardous Waste Facility Permit Streamlining:
The TX Natural Resource Conservation Commission (TNRCC) has
proposed regulations to expand public awareness through
published notice of intended applications; requiring more
balanced and representative makeup of local review
committees; requiring professional facilitators to
coordinate the activities of the review committees; and
directing prospective applicants to defray the reasonable
expenses of committees and facilitators.
Status: Rule proposal 9/30/94.
Contact: 512-239-6087
F. Region 9
Region 9 - Environmental Justice Support:
The Region is providing support to their RCRA staff in
addressing environmental justice issues they encounter in
permitting decisions. This is done through presentations to
permits staff to familiarize them with issues and options,
as well as to provide proactive support in identifying
potential areas of EJ concern. Grant guidance for states
also includes environmental justice work that may be applied
in their RCRA permitting programs.
Status: Ongoing
Contact: Karen Scheuermann, Hazardous Waste Management
Division, 415-744-2057
Region 9 - RCRA California Multi-Year Permit Strategy:
A strategy is being developed for addressing remaining
permit and closure activities in priority. The goal is to
create a multi-year plan which can be used as the grant
workplan. This will reduce the level of review required
each year when the grant is negotiated.
Status: Ongoing. Expected completion date: July 1, 1995
Contact: John McCarroll, Hazardous Waste Management
Division, 415-744-2057
Region 9 - RCRA Permit Grant Streamlining:
The Region is developing a pool of activities from which the
state of California can choose projects (as opposed to
approving a site-specific, activity-specific grant
workplan). The Region is also developing a set of
substitution criteria for the state to follow. This will
provide flexibility for the state to manage its program and
will reduce or eliminate the need for grant workplan
amendments.
Status: Ongoing (To be included in the FY96 grant)
Contact: Paula Bisson, Hazardous Waste Management Division,
415- 744-2064
California - Recycling Requirements for Hazardous Wastes:
Cal/EPA has revised requirements for addressing hazardous
wastes that are being recycled. Recyclable material will
not be classified as a waste if it is: (1) used or reused as
an ingredient in an industrial process to make a product,
(2) used or reused as a safe and effective substitute for
commercial products, (3) returned to the original process
from which the material is returned as a substitute for raw
material feedstock, and the process uses raw materials as
principal feedstocks.
Status: Effective 1/1/93
Contact: Department of Toxic Substance Control, 916-323-
6042
California - Tiered Permitting of Hazardous Wastestreams:
Tiered permitting system developed for non-RCRA hazardous
waste, including: conditionally exempt small quantity
treatment; conditionally exempt; conditionally authorized;
and permit-by-rule. Fifteen different wastestreams are
addressed by the tiered system based on type of treatment
employed and quantity and concentration of the waste.
Status: Effective 1/93
Contact: Department of Toxic Substance Control, 916-323-
5871
G. Region 10
Alaska - Permitting:
Alaska regularly incorporates pollution prevention planning
conditions in its Resource Conservation and Recovery Act
permits and is piloting P2 language in wastewater and solid
waste permits. As appropriate, local governments seeking
new landfills are being required to demonstrate that they
have considered all waste management options and are
following a prescribed hierarchy of waste management
alternatives.
Status: Ongoing
Contact: David Croxton, 907-563-6529
Washington State - Refinery Hazardous Waste Incineration:
Examine and develop options for managing combustible wastes
from refineries other than incineration in hazardous waste
incinerators.
Status: Formative
Contact: Kim Anderson, 206-407-6931 or Stan Springer, 206-
407-6723
Washington State - "Shopsweeps" Program:
"Shopsweeps" was a voluntary program providing technical
assistance on the proper management of hazardous wastes to
automotive repair shops, conducted in cooperation with the
industry. Over 1700 shops were visited in a six month
period and of the total compliance recommendations made
during the visits, 61% had been complied with by the shops,
based on follow-up visits to 5% of the shops.
Status: Completed in 1993
Contact: Darin Rice, 360-407-6743
Washington State - Underground Storage Tank Permit
Streamlining:
Reduce permit instructions from 30 pages to one and combine
the permit and fee invoice into one form. Beginning to
issue permits and fees as part of a master business
licensing program.
Status: Ongoing
Contact: Ron Moyer, 360-407-7217
V. Water
A. EPA HQ
General National Pollutant Discharge Elimination System
(NPDES) Permits Clearinghouse:
The Permits Division in the Office of Water maintains a
clearinghouse of NPDES general permits issued by EPA and
states. Permits for stormwater discharges are not included.
The clearinghouse contains information on the permit
conditions of each general permit. The purpose of the
clearinghouse is to transfer information on existing general
permits to permit writers interested in writing new general
permits.
Status: Complete and updated periodically
Contact: Brian Bell, 202-260-6057
NPDES Permit Streamlining Activities:
Encourage use of general permits. Thirty-nine states have
approved general permits programs. Nineteen states have
issued general permits since 1/1/91 for non-stormwater
discharges, and all 39 states have issued general permits
for stormwater discharges associated with industrial
activities. There are about 250 general permits that cover
about 82,000 facilities. States or EPA have issued general
permits for: stormwater from industrial activities; non-
contact cooling water; concentrated animal feeding
operations; groundwater cleanup dewatering; underground
storage tanks; and hydrostatic testing of oil and gas lines.
A national database of general permits and their conditions
has been established and is updated quarterly.
Status: Complete and ongoing
Contact: Jim Pendergast, OW, 202-260-9537
NPDES Pretreatment Streamlining:
Straw proposal developed to streamline the procedures
associated with developing and maintaining approved
pretreatment programs. The proposed streamlining allows
incorporating only significant elements of the approved
program, and requires a formal modification only where the
pretreatment program is made less restrictive or where the
Approval Authority so requests.
Status: Straw proposal issued May 1994, results of
stakeholder meetings being studied
Contact: Elaine Brenner, OW, 202-260-4933
NPDES Rulemaking:
Revising the basic NPDES permit regulations to expand the
list of allowable minor permit modifications (those that do
not require public notice) and reduce the administrative
requirements for general permits.
Status: Temporarily on hold
Contact: Tom Charlton, OW, 202-260-6960
NPDES Watershed Strategy:
The Permits Division in the Office of Water developed a
strategy for integrating NPDES permit issuance into an
overall watershed framework. This strategy provides
examples for permitting programs in EPA Regions on how they
assist states in focusing on true environmental problems in
critical watersheds. The strategy has 6 elements:
state-wide coordination, NPDES permit issuance, monitoring
and assessment, programmatic measures including
environmental indicators, public participation, and
enforcement.
Status: Completed March 1994
Contact: Deborah Nagle, 202-260-2656
NPDES Watershed Successes:
The Permits Division in the Office of Water issued a report
on the status of EPA Regions in assisting states in
integrating NPDES activities into a watershed context. The
report includes many examples of successes; these provide
states/Regions with examples of what might be applicable to
their jurisdictions.
Status: Completed October 1994
Contact: Deborah Nagle, 202-260-2656
National Water Program Agenda for the Future:
The USEPA Office of Water has issued an agenda for the
future (1995). The agenda includes: polling the states and
tribes to identify specific items in day-to-day
implementation that do not make sense; providing
implementation choices when developing programs, guidance
and regulations; and identifying reporting that will be
simplified or eliminated to achieve a 25% reduction in the
reporting burden. This agenda lays out the overall
operating strategy for the Office of Water.
Status: Memorandum issued December 30, 1994 by Robert
Perciasepe
Contact: Mark Luttner, 202-260-5700
Watershed Policy Committee:
Developing an action plan that includes: enhanced federal
agency coordination; integration of EPA initiatives -- NPDES
watershed strategy, Comprehensive State Groundwater
Protection Programs, state nonpoint source programs -- into
state comprehensive programs; expanded use of the tools
needed to carry out watershed management such as new
methods, models, and monitoring techniques; improved
internal EPA coordination; and an aggressive outreach effort
to watershed stakeholders.
Status: Announced in 10/7/94 memo from AA Perciasepe;
ongoing.
Contact: Janet Pawlukiewicz, 202-260-2194
B. Region 1
Region 1 - Water Program Improvements:
Quality Action Team (QAT) recommendations implemented to
improve the permitting process. A focus was to establish
procedures to better address the backlog of permit appeals.
Status: Ongoing
Contact: Dianne Chabot-O'Malley, 617-565-3430
Connecticut - General Permit for Wastewater Discharges
Generated by Publishing and Printing Activities:
Develop a simplified permitting process for the Publishing
and Printing Industry.
Status: Ongoing
Contact: CT DEP, 203-566-7167
C. Region 2
New Jersey - Pollution Discharge Elimination System
Improvements:
Report prepared describing evaluation of program,
identification of problems and proposed actions to improve
the program.
Status: Report dated 11/2/93; implementation ongoing.
Contact: John Laurita, NJ DEP, 609-292-4543
D. Region 3
Maryland - General Permits:
At MD Department of the Environment (MDE), a number of
general permits are being written, including: seafood
processors, well pump tests, hydrostatic pipe and tank
tests, marina facilities, surface coal mines, vehicle car
washes, sand and gravel operations, stormwater, heat pumps,
animal feed lots, cooling water, and swimming pool backwash
water.
Status: Ongoing
Contact: Dana Bauer, Water Management Division, 410-631-
3512
Maryland - NPDES Data Base Enhancements:
In FY 94 and 95 Region III EPA provided grant funds to
Virginia to develop a new software program specifically
tailored to NPDES permit writing and tracking. A copy of
this prototype has been provided to Maryland and other
Region III states in order to facilitate their efforts to
improve upon their own databases. In FY 95 Maryland
received a $10,000 grant to focus on a better computer
application for permit writing.
Status: Ongoing
Contact: Dana Bauer, Water Management Division, 410-631-
3512
Maryland - Permit Backlog Elimination Plans:
Over the last year the MDE Water Management Division has
aggressively pursued the reduction of permit backlogs for
both municipal and industrial facilities. This is being
achieved through a combination of workload redistribution,
application analysis and sorting and development of
additional general permits. A key element of the analysis
and sorting process and workload distribution includes the
determination of which permits can be quickly processed
using desktop computations and which will require in-stream
surveys or more complicated models. Priorities are assigned
accordingly and permits which can be issued more timely
than others are moved through the work stream more quickly.
This has yielded significant results with MDE having
eliminated all of the municipal permit backlog in FY95. It
is anticipated that similar results will occur with the
industrial permit backlog, which is projected to be
eliminated by July 1995.
Status: Ongoing
Contact: Dana Bauer, Water Management Division, 410-631-
3512
E. Region 5
Region 5 - Dredge and Fill Permitting:
The Region 5 Water Program has: 1) Assisted in the
development of general permits for states and counties so
that certain sizes and classes of wetlands can be regulated
at the local level. 2) Drafted position paper on how to
handle wetland permit issues on tribal lands. The system is
geared to educate tribes on their responsibilities and
provide a framework for the Army Corps of Engineers and EPA
to improve delivery of wetlands program to tribes.
Status: 1) Complete; 2) Under review
Contact: Doug Ehorn, Chief Wetlands and Watersheds Section,
312-886-0243.
Region 5 - NPDES Permitting:
In April 1992, a state/EPA quality action team was
established to investigate and recommend opportunities for
improvement in the NPDES permit process. Recommendations
included: 1) Reducing the number of in-line permit reviews
done by EPA. Minimum reduction of 50% with focus on high-
priority discharges. 2) Periodic reviews of state permit
programs by EPA to assess the overall effectiveness of the
state program. 3) Joint establishment of priorities during
program planning. 4) Establishment of a standing workgroup
of EPA and state permits and standards program managers to
reach resolution of issues and share information. 5)
Preparation, by states, of their decision-making procedures
and submission to EPA for review. Any issues identified
will be addressed with the particular state or the workgroup
if of Regional significance. 6) Identification in annual
state program plans of permitting priorities, specific
permits (issues or areas) that will be subject to in-line
review and permit issuance commitments.
Status: Implementation of recommendations began in FY94.
Contact: Tim Henry, Chief Permits Section, 312-886-6107
Region 5 - Underground Injection Control (UIC) Permitting:
The following actions have been implemented to improve UIC
permitting: 1) Have permit writers prepare their own
permits. 2) Have all correspondence related to permit
issuance go through the permit writer. 3) Revise permit
approval process to remove non-value added steps. 4) Issue
Class I permits for 8-10 year lifespans to stagger the
workload. 5) For Class V sites that would not be able to
obtain a permit don't do the call-in. 6) Sign MOU's with
other units that provide assistance. 7) Establish a tracking
system to cover major workload items. 8) Handle requests
for assistance from other units as formal requests, and
include in the tracking system.
Status: Implemented
Contact: Rebecca Harvey, Chief Permit Unit, UIC Section,
312-886-6594
Indiana - NPDES Expert System:
The Indiana Department of Environmental Management has
started a project to develop a menu-driven expert system to
help permit writers draft permits. This project was started
in an effort to provide training to new permit writers in
the state. The expert system takes permit writers through
the process of writing a permit, cross references all
appropriate state regulations and internal procedures, and
results in a draft permit.
Status: Ongoing
Contact: Rod Thomson 317-233-8399
Wisconsin - Tiered Fee System for Stormwater Permits:
General stormwater permits are divided into three tiers by
SIC code (heavy industry, light industry, and everything
else). Tier I permits come with a $200 annual fee and a
requirement to develop a stormwater management plan and to
do sampling and chemical analysis. Tier II permits have an
$100 annual fee and require a management plan but no
sampling or chemical analysis. Tier III carries no fee and
not planning or testing requirements. If a Tier I or II
facility takes measures (usually pollution prevention
practices like covering a dumpster) to get to the point
where runoff is not contaminated, then it can be classified
as Tier III.
Status: Ongoing
Contact: Roger Larson, 608-266-2666
F. Region 6
Region 6 - NPDES Computerized Permit System:
Computerized permit generation system developed which
reduces permit development time and paper consumption.
Status: Completed 1989
Contact: Jack Ferguson, 214-665-7170
G. Region 9
California - External Program Review Report of the State
Water Resources Control Board and the Regional Water Quality
Control Boards:
Governor Wilson, in July 1993, requested an external review
of mandates and programs of the State Water Board and the
nine Regional Water Quality Control Boards. The goal was
"... to identify how best the Boards can meet their mandates
to protect the water resources of the state, while removing
unnecessary red tape that hinders the economic resurgence in
California." The review was conducted by members from the
regulated community, environmental groups, and other
stakeholders.
Status: Final Report issued 6/17/94
Contacts: James Strock, Secretary Cal/EPA, 916-445-3846 or
John Caffrey, Chairman, State Water Resources
Control Board
VI. PCBs
A. EPA HQ
PCB Disposal Rule:
Proposal to reduce disposal costs by billions of dollars,
through modifications to the disposal rule.
Status: Proposed 12/6/94, analyzing comments
Contact: Tony Baney, OPPTS, 202-260-3933
B. Region 5
Region 5 - PCB Permitting:
Region 5 Pesticides and Toxic Substances Branch (PTSB)
initiated a process in which Region 5 will issue a permit to
a state which will allow the disposal of PCBs in facilities
approved by that state. This was possible because the
state's requirements for municipal landfills are equivalent
to the requirements for PCB landfills under TSCA. PTSB has
also modified the draft and final permit review process. A
thorough peer review of draft and final permits is
conducted, assuring all regulatory and technical
requirements are included.
Status: Ongoing
Contact: Tony Martig, 312-353-2291
C. Region 9
Region 9 - PCB Permit Writers Guide:
A guide is being prepared that will define all of the
information, documentation and supporting materials needed
for the review and processing of permit applications to
engage in research and development, conduct storage or
dispose of PCBs. The guide will serve to expedite the
review of applications, identification of deficiencies, and
final decision making.
Status: Ongoing
Contact: Yosh Tokiwa, Air and Toxics Division, Region 9,
415-744-1109